9911796707
TMI Blog2000 (5) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. [Order per : V.K. Ashtana, Member (T)]. To get this appeal heard, the appellants are required to pre-deposit duty amount of Rs. 1,01,73,524/- and Penalty of Rs. 5,00,000/- confirmed by Order-in-Original No. 6/99 dated 30-11-99 by Commissioner of Central Excise who found that there was wrong utilisation of credit of additional excise duty paid on unprocessed tyrecord fabrics by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich duty credit has already been taken under 57A, certain quantities are cleared as such, i.e. without undertaking any processing of dipping the tyrecord fabrics. He submits that once the credit has been taken on any grey fabrics, whether it be bought out or whether it be manufactured by them and cleared on payment of duty, the status of the entire lot of such grey fabrics lying in the factory pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that therefore on both these counts, the order impugned is not legally correct and hence he prays for complete waiver and stay. 8. Ld. D.R. reiterates the order impugned and in particular, the following paragraph in page 7 thereof :- The procedure adopted by M/s. SRF is to pay AED on the unprocessed tyrecord fabric and to take credit of the same immediately. Thereafter they utilize the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of duty paid grey fabrics which were manufactured by the appellants themselves. The Revenue has not denied on facts that both these types of inputs were duty paid and that therefore credit was rightly taken and taking credit itself is not a matter of dispute in this case. Therefore, we find that once any grey fabric whether be it procured from the market or whether be it manufactured internally, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstrated that they have a very strong case on the merits of the issue. 10. We also find great force in ld. Advocate s submissions that in view of proviso to Rule 57F(12) noted above, there is no one-to-one co-relation prescribed under the Modvat scheme with regard to utilisation of Modvat credit w.e.f. 1-3-97. Therefore, on this count also the credit has been rightly utilised by paying duty on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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